Colo. Magistrate Judge Says BMW Engine Defect Lawsuit Should Proceed

DENVER — A Colorado federal magistrate judge has recommended that a lawsuit accusing BMW of concealing a known engine defect that causes certain of its vehicles to consume oil at an excessive rate be permitted to proceed.

In a Jan. 7 report and recommendation, Magistrate Judge Scott Varholak of the U.S. District Court for the District of Colorado found the plaintiffs plausibly pled their claims of breach of express and implied warranties and consumer protection act violations.

Plaintiffs Rachel O’Connor, Matthew Ingram and David Cruz each allege that their 2011 and 2012 BMWs burned through oil due to a faulty …